Some question attorney's hiring by Greater Clark Schools Corporation

Clark County

Related Photos

Larry Wilder

Discussion

July 26, 2008

By TARA HETTINGER The News and Tribune Sat Jul 26, 2008, 05:28 PM EDT

During the school board member comments portion of the Greater Clark County Schools board meeting June 10, member Ernie Gilbert made a series of motions — all of which passed — ultimately hiring Larry Wilder to serve as the board’s attorney.

That was the last meeting before the two new school board members, Becka Christensen and Christina Gilkey, were sworn in.

At its first meeting July 8, the group was asked to approve a letter of engagement and contract for services with Wilder, saying he would be paid a retainer of $24,000 a year for a set amount of hours.

Those two new members were the only two to vote against the measure. Member Missy DeArk abstained, making her vote go with the majority. The final vote was 5-2.

“The main reason I voted against the contract with a ‘board attorney’ was that I did not, and I still do not, feel like we have the money in our budget to afford that position,” Gilkey said. “I’d rather take that $24,000 and have an aide in the classroom.”

Christensen was taken by surprise by the vote.

“There was nothing for me to vote on,” Christensen said. “I didn’t have the contract in front of me or anything. I had nothing.”

She said later she went back through her board packet, full of information on items to be voted on. She never found that contract. Since, she has gotten a copy after requesting it from the school system.

The Evening News and Tribune also requested a copy via an open-records request to see the details of Wilder’s employment.

Those details include:

• Three board members or more are necessary to seek the services of counsel. The board president, or the vice president in the absence of the president, must make the formal decision to engage in the services.

• Each board member is privy to any and all information Wilder obtains for the board.

• Wilder will not represent any individual member of the board against any other member of the board.

Another portion of the agreement states that Wilder will “refrain from becoming embroiled in the decision-making process.”

“Lawyers are not elected officials,” Wilder said in response to that clause. “The people [of Clark County] chose seven people to make decisions. It is the duty and obligation of those seven people to vote their conscious and the will of the people.”

He said his job will be to give advice and list possible outcomes for various decisions.

“I will never or have I ever given my opinion on how I would vote,” he said, referring to the other public boards he has represented.

Wilder will be paid $2,000 per month for 20 hours of service. Hours not used roll over to the next month. Any time over that limit will be charged $100 per hour. If Wilder is required to appear in court for Greater Clark, the corporation will pay him $150 per hour.

Tony Hostetler, parent of two children in Greater Clark, said his main concern is the money being used to pay Wilder, especially after the school system just trimmed jobs.

“Personally, I don’t know Larry. I’ve heard that he’s a good attorney, but we have an attorney and three others at the state level,” Hostetler said. “I don’t get it. I just don’t get it.”

He went on to say that he doesn’t believe Wilder would have been hired if it had not been the last school board meeting for two members. He said since the motions were brought up out of the blue and passed so quickly, there seems to be more to this issue.

“It was obviously set up beforehand. It was pretty well played out,” Hostetler said.

Another concern of Hostetler’s is that Wilder has represented board members before. Wilder told The Evening News and Tribune that he has represented about four or five of the sitting board members within his 25 years in law.

“I feel that’s a direct conflict of interest and he shouldn’t represent them as school board members,” Hostetler said. “On a personal level, fine, but leave our money out of it.

“It makes me wonder if there’s something underhanded going on.”

When asked about this being a conflict of interest, Wilder said that since he has worked in the same area for so long, he has represented many local residents. He said his success with board members is probably what made them want to have him on their team.

In the most recent Conflict of Interest Disclosure Statements, obtained by The Evening News and Tribune via an open-records request, no member stated any connection to Wilder.

Three wrote they had no conflicts to disclose: Brian Jones, Christina Gilkey and Missy DeArk. Christensen wrote that she owns a florist that may be used to provide flowers to people within the school system.

Robbie Valentine and Bob McEwen both cited their jobs, Robbie Valentine Enterprises/Stars Club and YMCA of Southern Indiana, respectively.

Gilbert wrote down Kathy Gilbert’s name and position, supervisor of federal programs, in the section asking about how the person or his dependents may benefit financially from the school system.

Gilbert did not mention his son, Chad Gilbert, who coaches girls basketball at Jeffersonville High School and also teaches physical education there, according to the school’s Web site.

Gilbert and Valentine have been represented by Wilder. The two have directed The Evening News and The Tribune to talk to him about issues in the past.

Gilkey noticed those two were also represented by Wilder at an election board hearing earlier this summer.

“Regardless of who he’s represented in the past, currently representing existing board members as individuals and the board they are on, I think that’s a conflict of interest,” Gilkey said.

Wilder said his contract is nonbinding, meaning he can cancel it or the board can vote to end it at any time. He said if that happens, the board will be reimbursed for any hours not used.

However, Gilkey doesn’t foresee that vote happening anytime soon, since it takes four people to pass a motion.

Christensen agreed.

“I think we could dismiss him very quickly, but I don’t think enough board members would be willing to do that,” she said.

Gilkey said, in the meantime, what’s done is done.

“I certainly hope that some benefit comes from it,” Gilkey said.

Calls to school board members McEwen, Valentine, DeArk and Jones were not returned by press time. Ernie Gilbert said he did not have time to answer questions on Thursday or Friday.

Sandy Lewis, counsel for the corporation, was out of the office Thursday and Friday and was not able to be reached for comment.